Terms and Conditions

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our site.

1.3 Business Customer or consumer. Certain clauses in these terms only apply to business customers (i.e. if you are acting in the course of a business, trade or profession in your ordering and/or purchasing of products) or consumers (which for these purposes means anyone who acts outside the course of a business, trade or profession). Such clauses are clearly marked as applying to either a business customer or consumer accordingly. If a clause is silent, the terms shall apply equally whether you are a business customer or a consumer.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Radiatorhut Ltd a company registered in England and Wales. Our company registration number is 09167881 and our registered office is at 28 St. Thomas’ Road, Chorley, Lancashire PR7 1HX. Our registered VAT number is 193209013.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How to place your order. Our shopping pages will guide you through the steps you need to take to place an order with us alternatively you can call us on [01257 470737] between 9.00am and 5pm Monday to Friday [or attend our shop at Unit 14, Coppull Enterprise Centre, Mill Lane, Coppull, Lancashire PR7 5BW during our working hours of [9.00am to 5.00pm] on weekdays (excluding public holidays)]. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it (or where you attend our shop at the point at which we accept your order verbally), at which point a contract will come into existence between you and us (Contract).

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Making sure your measurements are accurate. If we are supplying the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

5. IF YOU ARE A BUSINESS CUSTOMER

This clause 5 only applies if you are a business customer.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.

5.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

6. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9- Your consumer rights to end the contract).

7. OUR RIGHTS TO MAKE CHANGES

7.1 Minor changes to the products. We may change the product:

to reflect changes in relevant laws and regulatory requirements; and

to implement minor technical adjustments and improvements if required, for example to address a security threat.

7.2 More significant changes to these terms. In addition, we may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected products or just the products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

8. PROVIDING THE PRODUCTS

8.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

8.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

8.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

8.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of [9.00am to 5.00pm] on weekdays (excluding public holidays).

8.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

8.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.

8.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collects it from us.

8.8 When you own goods. You own a product which is goods once we have received payment in full.

8.9 International delivery. We deliver to the countries listed on this page (International Delivery Destinations).

However there are restrictions on some products for certain International Delivery Destinations, so please review the information on that page carefully before ordering products.

If you order products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

9. YOUR CONSUMER RIGHTS TO END THE CONTRACT

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced), see clause 13;

If you want to end the contract because of something we have done or have told you we are going to do,see clause9.2;

If you have just changed your mind about the product (and you purchased the products online or by phone), see clause9.3. If you purchased the products online or by phone, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.

9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);

we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

there is a risk that supply of the products may be significantly delayed because of events outside our control;

we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

you have a legal right to end the contract because of something we have done wrong.

9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or by phone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in sections 9.4 and 9.5 and 10 below). For the avoidance of doubt, these rights only apply where you purchased the products online or by phone, not where you purchased in store.

9.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of any products which become mixed inseparably with other items after their delivery.

9.5 How long do I have to change my mind? You have [21] days after the day you (or someone you nominate) receives the goods, unless:

Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

This clause 10 only applies if you are a consumer.

10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

Phone or email. Call customer services on 01257 470737 or email us at hello@radiatorhut.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

Online. Complete the online form on our website.

By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

11. RETURNS AND REFUNDS

11.1 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.

11.2 How to return goods. You must post them back to us at Unit 14,
Coppull Enterprise Centre, Mill Lane, Coppull, Lancashire PR7 5BW. Please call customer services on 01257 470737 or email us at hello@radiatorhut.co.uk for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

11.3 When we will pay the costs of return. Provided you use the return label and follow our return instructions, we will pay the costs of return:

if the products are faulty or misdescribed or in breach of warranty;

if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong,

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. If you do not use the return label and follow our return instructions, we will only pay for standard and reasonable costs of return.

11.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

11.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

11.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 11.2.

In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

12. OUR RIGHTS TO END THE CONTRACT

12.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within [14] days of us reminding you that payment is due;

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

you do not, within a reasonable time, allow us to deliver the products to you.

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

13. IF THERE IS A PROBLEM WITH THE PRODUCT

This clause 13 only applies if you are a consumer.

13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01257 470737 or write to us at hello@radiatorhut.co.uk or Unit 14,
Coppull Enterprise Centre, Mill Lane, Coppull, Lancashire PR7 5BW.

13.2 Summary of your legal rights as a consumer. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights as a consumer in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights as a consumer

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund.

up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

13.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must, post them back to us. We will pay the costs of postage or collection. Please call customer services on 01257 470737 r email us at hello@radiatorhut.co.uk for a return label.

14. OUR WARRANTY FOR THE PRODUCTS

14.1 For products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of [24] months from delivery, the products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.

14.2 The warranty in clause 14.1 does not apply to any defect in the products arising from:

fair wear and tear;

wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

if you fail to operate or use the products in accordance with the user instructions;

any alteration or repair by you or by a third party who is not one of our authorised repairers; or

any specification provided by you.

14.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described as set out in clause 13.

15. PRICE AND PAYMENT

15.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.

15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

15.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

15.4 When you must pay and how you must pay. We accept payment with Worldpay, Visa Electron Mastercard, Maestro Visa, Trustwave and PayPal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AS A CONSUMER

This clause 16 only applies if you are a consumer.

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: i) as described and match information we provided to you and any sample or model seen or examined by you; ii) of satisfactory quality; iii) fit for any particular purpose made known to us; iv) supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.

16.3 We are not liable for business losses. We are only supplying the products to you as a consumer for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and clause 17 will apply.

17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AS A BUSINESS CUSTOMER

This clause 17 only applies if you are a business customer.

17.1 We only supply the products for use by your business (including fitting for your customers), and you agree not to use the product for any resale purposes.

17.2 Nothing in these terms limits or excludes our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

defective products under the Consumer Protection Act 1987.

17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

any loss of profits, sales, business, or revenue;

loss or corruption of data, information or software;

loss of business opportunity;

loss of anticipated savings;

loss of goodwill; or

any indirect or consequential loss.

17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed of the price of the products.

17.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

17.6 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

18. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to Products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

19. DISPOSAL OF ELECTRONIC EQUIPMENT

[The WEEE Directive 2012 and Waste Electrical and Electronic Equipment Regulations 2013 aim to ensure waste from certain electrical and electronic equipment is reduced, separated from household waste, and ultimately disposed of in a sound environmental manner. If you are a business customer (as defined above), you agree that the collection, recovery/treatment and disposal of non-household electrical or electronic equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest designated collection facility (DCF). To find your nearest DCF go to www.recycle-more.co.uk. We are making financial contributions towards the running of these facilities and the onward recycling of this waste.]

20. HOW WE MAY USE PERSONAL INFORMATION

20.1 How we will use your personal information. We will use the personal information you provide to us:

to supply the products to you;

to process your payment for the products; and

if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

20.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

21. OTHER IMPORTANT TERMS

21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

21.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our warranty at clause 14 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item.

21.3 Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 21.2 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

21.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

21.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

21.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to [The Retail Ombudsman] via their website at [http://www.theretailombudsman.org.uk]. [[The Retail Ombudsman] will not charge you (if you are a consumer) for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings]. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Schedule1 Model Cancellation Form

TO BE USED BY CONSUMERS ONLY

(Complete and return this form only if you wish to withdraw from the contract)